Patna High Court
Bharat Kumar @ TannuversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail is granted to the petitioner subject to conditions under Section 482(2) of the CrPC.
Summary
The petitioner, Bharat Kumar, sought anticipatory bail after fearing arrest in a case under Sections 30(a) and 62 of the Bihar Prohibition and Excise Act, where 17.5 litres of illicit liquor was seized from a co‑accused who named him. The prosecution’s case relied mainly on a confessional statement, as no incriminating article was found in the petitioner’s possession. The petitioner argued innocence and highlighted the lack of material evidence, though he has a prior similar charge. The State opposed the bail, but the court noted the weak evidentiary basis and the petitioner’s lack of conscious possession. Consequently, the court granted anticipatory bail, directing that if arrested within eight weeks the petitioner be released on a bail bond of Rs 10,000 with two sureties, subject to Section 482(2) of the CrPC.
Issues considered
- What is the appropriateness of granting anticipatory bail when the only evidence is a confessional statement and no material is recovered from the petitioner?
- Do Sections 30(a) and 62 of the Bihar Prohibition and Excise Act justify denial of anticipatory bail in the absence of direct possession?
- Whether the petitioner’s prior similar charge affects the grant of anticipatory bail?
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a), 62
- Criminal Procedure Code — s. 482(2)
Subjects
- anticipatory bail
- confessional statement
- illicit liquor
- Bihar Prohibition and Excise Act
- Criminal Procedure Code
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.39713 of 2026
Arising Out of PS. Case No.-119 Year-2026 Thana- Bikramganj Excise District- Rohtas
======================================================
Bharat Kumar @ Tannu S/o Late Yugal Kishor Prasad R/o Village- Nasriganj
Mangal Bazar, Ward No.4, P.S- Nasriganj Dist- Rohtas
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner : Mr. Babu Nandan Prasad, Advocate
For the State : Mr. Khurshid Anwar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 24-06-2026 Heard learned counsel appearing on behalf of the
petitioner and learned A.P.P. appearing on behalf of the State.
2. The petitioner apprehends his arrest in a case
registered for the offence punishable under Sections 30(a) and
62 of the Bihar Prohibition and Excise Act.
3. As per prosecution case, 17.500 liters illicit country
made liquor was recovered from the house of co-accused Vikash
Kumar who disclosed the name of this petitioner.
4. It is submitted by learned counsel appearing on
behalf of the petitioner that petitioner is quite innocent and has
committed no offence. No incriminating article has been
recovered from conscious possession of this petitioner and he
has falsely been implicated in this case merely on the basis of
confessional statement. Save and except confessional statement,
Patna High Court CR. MISC. No.39713 of 2026(2) dt.24-06-2026
2/2
there is no material on record to show the complicity of this
petitioner in the alleged offence. Petitioner has got one criminal
antecedent of similar nature in which he is already on bail.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of anticipatory bail to the
petitioner.
6. Considering the nature of accusation and the fact
that no incriminating article has been recovered from conscious
possession of this petitioner, the prayer for grant of anticipatory
bail to the petitioner is allowed.
7. Accordingly, in the event of arrest/surrender within
a period of eight weeks from today, let the above named
petitioner be enlarged on bail on furnishing bail-bond of Rs.
10,000/- (ten thousand) with two sureties of the like amount
each to the satisfaction of learned Exclusive Special Judge,
Court No. 1, Rothas at Sasaram in connection with Bikramganj
P.S. Case No. 119 of 2026, subject to condition as laid down
under Section 482(2) of the B.N.S.S..
(Prabhat Kumar Singh, J)
shashank/-
U T
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